Case law

Burleson v. Texas Department of Criminal Justice

393 F.3d 577 · Court of Appeals for the Fifth Circuit · Dec 9, 2004

Additionally, this Court also concluded that summary judgment was not appropriate on the subject of qualified immunity because there was a genuine issue of material fact as to whether the defendants acted with deliberate … AFFIRMED. 9 Because we affirm the magistrate judge’s summary judgment ruling, we find it unnecessary to reach the defendants’ qualified immunity argument.

Langford v. Union County MS

Court of Appeals for the Fifth Circuit · Oct 21, 2002

Langford to file a reply to the qualified immunity defense. Mrs. … The well-established analysis for qualified immunity is two- pronged: first, pursuant to existing law, plaintiff must assert a violation of a clearly established constitutional right; second, plaintiff must allege that

Stella Morrison v. Layne Walker

704 F. App'x 369 · Court of Appeals for the Fifth Circuit · Aug 9, 2017

“[A] plaintiff seeking to defeat qualified immunity must show: ‘(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.’” … City of Abilene, 814 F.3d 721, 732-33 (5th Cir. 2016) (burden is on plaintiff to negate qualified immunity defense by, among other things, establishing that the law was clearly established as to the particular conduct at

At&T Communications v. BellSouth Telecommunications Inc.

238 F.3d 636 · Court of Appeals for the Fifth Circuit · Jan 16, 2001

Consequently, the LPSC voluntarily waived its state immunity when it accepted the Congressional offer of a gratuity that was clearly conditioned upon the LPSC’s amenability to federal suits by private parties under the Act … Consequently, the College Savings Court concluded that a state voluntarily waives its Eleventh Amendment immunity by engaging in activity subject to congressional regulation only if (1) the state has been put on notice clearly

Jacob Estrada v. John Healey, Jr.

647 F. App'x 335 · Court of Appeals for the Fifth Circuit · Apr 27, 2016

to qualified immunity because Brady and its progeny establish a prosecutorial duty to disclose exculpatory evidence that extends to the post- conviction context and their derivation from this clearly established law was … Estrada fails to establish that Healey or Hanna violated a “clearly established” right.

Vencedora Oceanica Navigacion, S.A. v. Compagnie Nationale Algerienne De Navigation

730 F.2d 195 · Court of Appeals for the Fifth Circuit · Apr 5, 1984

Passed in 1976, the FSIA codified the restrictive theory of sovereign immunity and attempted to provide a uniform statutory procedure for establishing subject matter and personal jurisdiction over foreign sovereign entities … We note further that section 1605(a)(3), the expropriation exception, clearly embodies a “doing business” test.

Estate of Lance v. Lewisville Independent School District

743 F.3d 982 · Court of Appeals for the Fifth Circuit · Feb 28, 2014

Accordingly, while students may qualify for special services under IDEA and also for protection under § 504, some students may qualify for § 504 protection but not qualify for special services under IDEA. … Such actions are not clearly 12 Mr.

Raymond E. Horn, Jr. v. American Employers' Insurance Company

386 F.2d 360 · Court of Appeals for the Fifth Circuit · Dec 1, 1967

The answer to this question has been established by our jurisprudence. … While we cannot ascertain from the court’s dictum what it contemplated by the personal defense of infancy, we unsubthat the court was alluding to the well-established personal of immunity of the parents from suit by the child

In Re Corrugated Container Antitrust Litigation. Anchor Hocking and Dean Foods Company, Cross v. Alton Box Board Company, Container Corporation of America, Cross Anchor Hocking v. Container Corporation of America

756 F.2d 411 · Court of Appeals for the Fifth Circuit · Apr 4, 1985

Conboy prohibited all use of the immunized interview. … to establish that the true version of events was that given by Connor at the deposition, not the scenario he painted in the government interview when he was presumably serving his own ends in gaining immunity.

Tammy Brown v. Pamela Joy Byer, (Officer)--Euless, Bob Bracken, Jesse E. Carter, and Don Byrd

870 F.2d 975 · Court of Appeals for the Fifth Circuit · Apr 24, 1989

All three contend that they are entitled to qualified immunity, and contest the district court’s exercise of jurisdiction over the pendent state law claims. … We find that neither immunity doctrine will permit him to overcome the jury’s verdict against him. Bracken first contends that the qualified immunity doctrine set out in Anderson v.

Billie Keyes v. Philip Gunn

Court of Appeals for the Fifth Circuit · May 16, 2018

In the proceedings before the district court, the defendants moved to dismiss on various grounds, including legislative immunity, qualified immunity, Eleventh Amendment immunity, lack of subject matter jurisdiction under … As we have earlier noted, the defendants have raised defenses of Eleventh Amendment immunity, absolute immunity, and qualified immunity. The district court rejected each of these defenses.

Angela Roberson-King v. State of LA Workforce Cmsn

904 F.3d 377 · Court of Appeals for the Fifth Circuit · Sep 17, 2018

It is undisputed that Roberson-King has established a prima facie case of employment discrimination. She is African-American and was qualified for the district supervisor position. … (“[A]n employee’s ‘better education, work experience, and longer tenure with the company do not establish that [s]he is clearly better qualified.’”) (quoting Price v. Fed.

Sims v. City of Jasper

117 F.4th 283 · Court of Appeals for the Fifth Circuit · Aug 28, 2024

This court affirmed the denial of qualified immunity on interloc- utory appeal. Sims, 35 F.4th at 952. … She also argues that we should abolish the defense of qualified immunity. As the prior panel noted, both arguments are foreclosed by this court’s or the Supreme Court’s precedent. Sims, 35 F.4th at 950 n.10, 951 n.17.

Arcade Comeaux, Jr. v. Darrell Sutton

496 F. App'x 368 · Court of Appeals for the Fifth Circuit · Oct 12, 2012

The defendants argue that they are entitled to qualified immunity. … that the official’s allegedly wrongful conduct violated clearly established law.”

Pederson v. LA State Univ, et

213 F.3d 858 · Court of Appeals for the Fifth Circuit · Jan 27, 2000

Id. at 115 n.2. 6 capacities on the basis of qualified immunity, and also dismissed the remaining § 1983 and Fourteenth Amendment claims. … See Appellants’ Brief at 34-35 (“Although the District Court (contrary to Rules 23 and 52) made no factual findings supporting its holding as to numerosity, the trial evidence clearly established the numerosity element

Daniel E. Overlin, Individually, and as Next Friend and Natural Guardian of Michael H. Overlin v. Roy Boyd

598 F.2d 423 · Court of Appeals for the Fifth Circuit · Jul 6, 1979

The defendants have established that Glynn County owns the building in question, and that they, in their official capacities as Commissioners, merely manage the property on behalf of the County. … Concerning the claims against the defendants in their individual capacities, the defendants have only a qualified official immunity from suit.

Williams v. Voorhies

Court of Appeals for the Fifth Circuit · May 8, 2026

was clearly established at the time.” … As a result, those cases cannot clearly establish that Voorhies’s force violated the constitution. Kisela, 584 U.S. at 104. Accordingly, we hold that Voorhies is entitled to qualified immunity.

Howard Zeringue v. Allis-Chalmers Corporation

846 F.3d 785 · Court of Appeals for the Fifth Circuit · Jan 20, 2017

9 to serve as the federal question that endues the court with jurisdiction. 10 As with a federal claim that creates federal question jurisdiction, 11 a federal defense fulfilling this same function does not need to be “clearly … These documents establish that Crane’s claim to government-contractor immunity is colorable.

In Re Grand Jury Proceedings of Robert W. Beverly v. United States

468 F.2d 732 · Court of Appeals for the Fifth Circuit · Sep 25, 1972

Also presented was the affidavit of Michael McCain, a national co-ordinator for the VVAW, who described personal, civilian and military experience qualifying him as an expert in electronics and communications systems, and … Clearly there was no error in this treatment of the Reif affidavit (quoted in Footnote 11, supra) by the August 7, 1972 order.

United States v. James Melvin Wilcox

450 F.2d 1131 · Court of Appeals for the Fifth Circuit · Oct 30, 1971

This could be no more clearly demonstrated than in Glick- *1141 stein v. … The Court held that it did not, thereby establishing that special legislative immunity would not excuse a witness from prosecution for perjury which he committed while testifying to past offenses, for which acts he had been